Three children watched the attack and one recorded the audio

By Michael Donoghue, Vermont News First

A Burlington man, who police say brutally beat his wife with a heavy-duty flashlight as three young children watched, pleaded not guilty in Vermont Superior Court on Tuesday to a charge of second-degree murder and three counts of cruelty to children.

Bal B. Khadka, 44, pummeled his wife, Lila Darjee Khadka, 44, unconscious at their apartment at 234 South Champlain Street about 5:48 a.m. Saturday, Burlington Police said.

Two daughters, ages 10 and 3, watched the violent attack involving their parents, police said. A 10-year-old friend of the older daughter, who was visiting the home for a sleepover, also witnessed the attack and recorded the audio of the incident on her cellphone, Detective Erica Schaller said in a court affidavit.

The woman was struck about 10 times by the flashlight and was found unresponsive lying in bed, with substantial bloody head injuries, police said.

The 31-minute audio recording was turned over to city police as evidence, she said. It covers moments before the assault, the actual attack and the arrival of the Burlington Police and Fire Department. Besides screaming, voices are heard saying, “Dad, no,” and somebody screaming at the top of their lungs, before somebody said, “Mama, no.”

Somebody also is heard getting hit with a hard object at least nine times, followed by a pause, and then the sound of another strike, Schaller said.

The 10-year-old daughter told police Khadka had been using drugs and has tried to kill her mother about a half dozen times in recent years, including three cases she remembers distinctly, including this incident, court papers note.

One of the others involved a knife with an attempted stabbing five years ago when her dad was drunk, police said the daughter reported. The second attempt happened at an aunt’s house in Williston, believed to be Lamplight Acres, and again involved her father getting a knife and going after her mother, she told police. An uncle interceded in the incident possibly 3 or 4 years ago, she told police.

The two 10-year-olds had to flee out a window to get away from the Saturday morning incident, police said.

Khadka appeared unfazed when Burlington Police arrived and said “hello” in a low tone, an officer reported. The suspect’s wife was bleeding heavily from her head and there was blood splatter on the headboard and window shade, police said.

The Burlington Fire Department rushed the victim in a city ambulance to the UVM Medical Center, where she underwent emergency surgery.

She lived for more than 37 hours and died at 7:09 Sunday night, police said.

Court records show Khadka has had a total disregard for the judicial process.

Bal Khadka’s criminal history includes a failure to appear in court, a violation of an abuse prevention court order and violations of conditions of release from court, Deputy State’s Attorney Marykate B. Moore said in court papers.

Bal Khadka also has two criminal convictions for driving under the influence of drugs or alcohol, Moore said.

Darjee Khadka filed domestic abuse complaints against her husband, but she eventually refused to move forward in court on the criminal charges of aggravated domestic assault and domestic assault, records show.

“As is common in cases of family violence, Ms. Darjee Khadka was hesitant to engage with the judicial process and ultimately requested these charges be dismissed. She did not, however, recant the allegations,” Moore wrote in her detention motion.

The victim’s son, Arpan Darjee, 20, reported to police over the phone that his stepfather kicked him out of the apartment. Darjee said his stepfather used drugs and was abusive to his mother when using the drugs, Schaller said.

Judge Robert Katims agreed during the court hearing to continue to hold Khadka without bail. He agreed to set a weight of the evidence hearing on Oct. 26 for the defense to challenge the detention.

Katims also ordered Khadka to refrain from having any contact in person, writing, phone or electronically with his children, the other eyewitness and his stepson

Burlington Police seized a large foot-long black and green flashlight with blood and hair stuck to it from a dresser drawer during a court-ordered search of the residence.

Police have said little is known about the defendant, Khadka, how long he has lived in the area, or if he had a job.

His date of birth is listed as January 1 in court records, the date given to most immigrants relocating to the United States with no known birth documentation.

Interim Police Chief Shawn Burke said officers are precluded from asking some questions during criminal investigations due to the controversial state policy entitled Fair and Impartial Policing.

A judge ordered Khadka held without bail at the Northwest State Correctional Facility in St. Albans pending arraignment. Judge Colin Owyang found probable cause to charge Khadka with the homicide.

If convicted Khadka faces between 20 years and life in prison on the murder charge and up to two years in prison and a $500 fine for each child cruelty charge